Housing, Land Use and Transportation 06/28/2013
Housing
AB 325 (Alejo) – Oppose
As Amended on May 29, 2013
AB 325, by Assembly Member Luis Alejo, would expand the statute
of limitations to sue a county or city, challenging the adoption
of a housing element or a number of related local
ordinances.
CSAC opposed previous efforts to expand the statute of
limitations as it leaves local agencies, business, and developers
unfairly open to uncertainty long after decisions have been made.
Working with the American Planning Association, Rural County
Representatives of California, and the League of California
Cities, we have now offered four different approaches to a
compromise that would either provide an additional alternative to
challenge the adequacy of a housing element or provide additional
time to notify an agency of potential issues with a housing
element while not extending the overall statute of limitations to
an unreasonable and unnecessary length of time.
AB 325 was passed out of the Senate Transportation and Housing
Committee on June 25 by a vote of 7 to 3. A number of Senators
spoke out in favor of a compromise solution to remove CSAC and
other local government and planning opposition, noting that a
three plus year statute of limitations is just too long to leave
counties and cities in limbo. We are continuing meetings with the
author and sponsors this week to come to a final compromise on
the measure.
AB 1229 (Atkins) – Support
As Introduced on February 22, 2013
AB 1229, by Assembly Member Toni Atkins, would restore an
essential tool to counties for planning and providing their fair
share of the housing need for lower-income residents in the
state. Specifically, the measure restores a county’s ability to
establish inclusionary zoning programs.
Counties have always had the authority to adopt local
inclusionary housing ordinances. However, in a 2009 appellate
court decision, Palmer/Sixth Street Properties L.P. v. City of
Los Angeles, 175 Cal. App. 4th 1396 (2009), the courts took a
very broad interpretation of the Costa-Hawkins Act and its
application on inclusionary housing ordinances, eliminating a
city or county’s authority to require inclusionary housing.
Costa-Hawkins was intended to restrict systems of rent control,
not preclude rent restrictions on inclusionary housing.
The state is still facing a shortage of decent rental housing
affordable to low-income Californians. It is critical that
counties be able to establish proactive programs to help provide
safe, clean, and affordable housing statewide to meet the
critical demand.
AB 1229 is set for hearing before the Senate Transportation and
Housing Committee on July 3.
SB 510 (Jackson) – Support
As Amended on April 30, 2013
SB 510, by Senator Hannah-Beth Jackson, would clarify existing
law governing the conversion of mobile home parks from rental to
resident owned. Specifically, the measure would require local
agencies to consider the results of surveys of mobile home park
residents when deciding to approve, conditionally approve, or
disprove a subdivision. Further, it gives counties and cities the
authority to disprove a subdivision if at least a majority of the
park’s residents do not support the conversion indicated through
the survey.
Mobile homes are an important source of affordable housing in
California – with approximately 5,000 parks statewide. Many local
jurisdictions impose rent controls to ensure mobile homes remain
affordable to those on fixed-incomes, such as seniors and working
families. The state is still facing a shortage of decent housing
affordable to low-income Californians and this measure would
provide that mobile home residents have a voice in conversion
proposals as well as clarifying the powers of local agencies in
the subdivision process.
SB 510 was passed out of the Assembly Housing and Community
Development Committee on June 19 by a vote of 5 to 2. The measure
now awaits a hearing before the Assembly Local Government
Committee.
Land Use
AB 116 (Bocanegra) – Support
As Amended on May 16, 2013
AB 116, by Assembly Member Raul Bocanegra, would provide an
automatic 24-month extension for subdivision maps that were
approved on or after January 1, 2000 and have not yet expired.
For maps approved before January 1, 2000 (maps over 13 years
old), the subdivider will follow the following local process for
approval of the extension:
The subdivider will be required to file an application with the
local agency at least 90 days prior to the expiration of the
map.
If the local agency determines that the map is consistent with
applicable zoning and general plan requirements in effect when
the application is filed, the time at which the map expires will
be extended by 24 months.
If the local agency determines that the map is not consistent
with applicable zoning and general plan requirements in effect
when the application is filed, the agency may deny or
conditionally approve a 24-month extension.
Upon application, the map will automatically be extended for 60
days or until the application for the extension is approved,
conditionally approved, or denied, whichever occurs last.
If the advisory agency denies a subdivider’s application for an
extension, the subdivider would be allowed to appeal to the
legislative body within 15 days after the advisory agency has
denied the extension.
AB 116 was pulled from the Senate Appropriations Committee agenda
(set for on June 24) and was sent directly to the Senate Floor
where it is currently awaiting a vote by the entire
Senate.
AB 683 (Mullin) – Support
As Amended on May 16, 2013
AB 683, by Assembly Member Kevin Mullin, would authorize a city
or county to specially assess any fines or penalties not paid
after demand by the city or county against the owner of real
property whom owes fines or penalties. The fines and penalties
may be collected at the same time and in the same manner as
regularly county taxes thereby avoiding additional time consuming
and costly new procedures. Finally, the measure would also
authorize a local agency to appoint a hearing officer to hear and
decide issues regarding ordinance violations and the imposition
of administrative fines and penalties.
Local agencies can have code enforcement violation cases drag on
for years. The changes proposed by AB 683 would provide cities
and counties an additional tool for recouping fines and penalties
owed to the local agency and streamlines the existing code
enforcement process.
AB 683 is set for hearing before the Senate Governance and
Finance Committee on July 3.
Public Works Administration
AB 195 (Hall) – Co-Sponsor
As Amended on May 20, 2013
AB 195, by Assembly Member Isadore Hall, would extend the sunset
date on existing design-build authority granted to counties until
July 1, 2016.
Approximately nine counties have used the design-build method for
project delivery for a variety of projects ranging from parking
facilities to parks and recreation projects to fire stations.
Counties and tax payers in general, benefit from the use of
design-build authority due to cost savings produced by this
method of project delivery. Furthermore, given the continued
difficult economic times across the State, local agencies need
maximum flexibility to delivery projects based on their expertise
in choosing the right delivery method.
AB 195 was passed out of the Senate Appropriations Committee on
June 24 by a vote of 6 to 0. The measure now awaits action on the
Senate Floor.
SB 328 (Knight) – Support
As Amended on April 9, 2013
SB 328, by Senator Stephen Knight, would, until January 1, 2021,
allow a county, with approval of the Board of Supervisors, to use
construction manager at-risk construction contracts for erecting,
constructing, altering, repairing, or improving buildings owned
or leased by the county. Eligible public works projects would
cost in excess of $1 million and the measure would allow a county
to award the construction manager at-risk construction contract
using either the lowest responsible bidder or best value
method.
A construction manager at-risk contract is a competitively
procured contract with an entity that guarantees the cost of a
project and furnishes construction management services,
including, but not limited to, preparation and coordination of
bid packages, scheduling, cost control, value engineering,
evaluation, preconstruction services and construction
administration. The construction manager at-risk is a tool
afforded other public entities such as cities, the courts, and
the university system. It is a well-tested alternative which
combines elements of the design-bid-build and design-build
methods and allows the owner of a project to retain a
construction manager who provides pre-construction services
during the design period and becomes the general contractor
during the construction process.
Local agencies need maximum flexibility to delivery projects
based on their expertise in choosing the right delivery method.
This bill would provide counties another tool in the project
delivery toolbox and increases the ability for counties to use
their expertise and discretion to choose the best method for
delivering large public works projects. Counties and tax payers
in general benefit from the cost-savings associated with the use
of construction manager at-risk procurement method.
SB 328 was passed out of the Assembly Accountability and
Administrative Review Committee on June 19 by a unanimous vote.
The measure now awaits a hearing in the Assembly Appropriations
Committee.
Transportation
AB 14 (Lowenthal) – Support
As Amended on May 6, 2013
AB 14, by Assembly Member Bonnie Lowenthal, would require the
Transportation Agency (Agency) to convene a Freight Advisory
Committee to assist with the development of a State Freight Plan
that guides the immediate and long-range planning activities and
capital investments for the movement of freight.
AB 14 requires the Freight Advisory Committee to consist of a
broad group of stakeholders including representatives of ports,
shippers, carriers, freight industry associations and workforce,
state departments and commissions, environmental, safety, and
community organizations, and local governments. As owners and
operators of a significant share of the State’s surface
transportation network, which the freight industry and the people
of California rely on for the movement of goods, CSAC offers our
technical expertise, practical experience, and policy support to
you, the Agency, and the Freight Advisory Committee in this
endeavor.
With every aspect of the State’s transportation network
underfunded and in need of new revenues, it is critical that the
transportation community develop plans to protect and improve our
existing infrastructure and employ new technologies and
strategies for the most efficient and effective movement of
freight and use of the transportation system.
AB 14 was passed out of the Senate Transportation and Housing
Committee on June 18 by a unanimous vote. The measure is now
scheduled for a hearing before the Senate Appropriations
Committee on July 1.
AB 755 (Ammiano) – Oppose
As Introduced on February 21, 2013
AB 755, by Assembly Member Tom Ammiano, would require a city or
county to take into consideration the need for a suicide barrier
during the planning process for a bridge reconstruction or
construction project in order to be eligible for specified
federal and state funds. Unfortunately, we find that the measure
is unnecessary as cities and counties already consider the need
for infrastructure type suicide barriers on the reconstruction
and new construction of local bridges, would actually create a
new liability should this bill be enacted, and puts in jeopardy
transportation funding critical to many other local
infrastructure projects and programs. Our specific concerns with
the measure include:
Undefined mandate. The term “take into account” is undefined in
the measure. Does the bill require a formal study, checking off a
box within an otherwise typical planning document, demonstrating
evidence to support a decision regarding the need, or lack
thereof, for a suicide barrier or does it simply require an
undocumented judgment call by the county or city
engineer?
Creates a new liability. While it is generally true that a city
or county is not liable for suicides under current law, should
this legislation go into effect plaintiffs’ attorneys will argue
that it creates a mandatory duty to “take into account”
installation of a suicide barrier and if a suicide barrier is not
installed or one that is installed is not the “best” one
available, there could be lawsuits alleging cities and counties
violated a mandatory duty. In addition, the claim that a bridge
without a suicide barrier (or without the “best” suicide barrier)
constitutes a dangerous condition to public property will be
given new viability if this legislation goes into
effect.
Jeopardizes transportation funds used for other important
infrastructure. Without a clear process to demonstrate compliance
with the mandate, cities and counties risk losing access to
transportation infrastructure funds that are used for a variety
of types of important projects including safety, complete
streets, and the maintenance and preservation of the local street
and road system. The recent 2012 California Statewide Local
Streets and Roads Needs Assessment found that approximately 55%
of the nearly 12,000 local bridges will soon need rehabilitation
or replacement. If funding is jeopardized and projects are
delayed, the wellbeing of people and communities will be put at
risk. Moreover, the various federal and state revenue streams are
allocated by several different state departments and regional
agencies making implementation difficult. To what department or
agency would a city or county need to appeal to in order to
access funds? This bill has the potential to stop allocation of
federal and state revenues to a city or county that fails to
demonstrate compliance with an undefined mandate.
Statewide application for a handful of localized problems.
Finally, cities and counties already consider the need for
suicide barriers in existing planning, design, and engineering
processes. Even if local agencies were not considering suicide
prevention in existing planning processes, the proposed solution
has statewide application but it is really attempting to address
a much more localized problem. Specifically, the fact sheet calls
out the Golden Gate Bridge in the City and County of San
Francisco, the San Diego-Coronado Bridge in San Diego County,
Cold Spring Canyon Bridge in Santa Barbara County, the Colorado
Street Bridge in Los Angeles County, and the Foresthill Bridge in
Placer County. While the high incidence of suicides on these
handful of bridges is tragic, an overwhelming majority of the
over 12,000 locally owned bridges do not have this issue. For
instance, many locally owned bridges are low to the ground/water
(with less than a 15-20 foot drop) making suicide unlikely or
infeasible. Suicide barriers will not have an effect on these
small bridges. Rather, this bill should focus on how to address
the bridges that have an incidence of suicide.
CSAC has been working with the author’s office since May to
develop a compromise proposal that would meet the intent of the
author’s measure but is implementable from the local perspective
and does not create new and unnecessary liability. It is unclear
at the time of this writing whether we will reach an agreement
before the next policy committee hearing.
AB 755 is set for hearing before the Senate Transportation and
Housing Committee on July 3.